Eugene Volokh has announced that "The (Mostly) Bloggers' Amicus Brief in the Apple v. Bloggers Case is here." He writes:

"The amici on whose behalf the brief is filed include Jack Balkin, Michael Froomkin, Joshua Micah Marshall, Markos Moulitsas (the Daily Kos), Glenn Harlan Reynolds (InstaPundit), and me. Many thanks to Lauren Gelman, who wrote the brief. How Appealing posts about this, and links to an easy-to-read list of the amici."

Gelman's 32-page brief urges the court to:

"[A]dopt a test that will not impede journalists' use of the Internet to report news, by limiting their constitutional protections when they publish there. They ask that this court to find that people who publish in online news sources are subject to the same constitutional protections under the reporter's shield as reporters who publish in traditional media, and urge this court to adopt the functional test articulated in Shoen v. Shoen, 5 F. 3d 1289, 1293 (9th, 1993), which asks whether the reporter had 'the intent to use materials -- sought, gathered or received -- to disseminate information to the public and [whether] such intent existed at the inception of the newsgathering process.'"